A public consultation is currently ongoing on a draft bill
for the introduction of mandatory notification of ICT breaches in
vital sectors (name of proposed legislation in Dutch: Wet melding
inbreuken elektronische informatiesystemen). The consultation
opened on 22 July 2013 and will terminate on 17 September 2013. The
draft bill does not provide for the imposition of
sanctions.
The notification duty will only apply to providers of
products or services whose availability or reliability are of vital
importance for Dutch society (i.e. in sectors such as electricity,
gas, water, telecommunications, finance, government and transport)
and where the breach in question will or may have a significantly
negative effect on the availability or reliability of the relevant
product(s) or service(s). The duty will apply with respect to
elements of vital infrastructure the breakdown of which would
directly or indirectly lead to social disruption. The providers who
will be subject to